Sec. 6. Compensating States for detaining criminal aliens
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/bill/116/s/2739/is/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 241 of the Immigration and Nationality Act ( 8 U.S.C. 1231(i) ) is amended to read as follows: In this subsection, the term undocumented criminal alien means an alien who— has been convicted of a felony or of two or more misdemeanors; and entered the United States without inspection or at any time or place other than as designated by the Secretary of Homeland Security; was the subject of exclusion, deportation, or removal proceedings at the time the alien was taken into custody by the State or a political subdivision of the State; or was admitted as a nonimmigrant; and at the time the alien was taken into custody by the State or a political subdivision of the State— failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248; or failed to comply with the conditions of any such status.
If the governor of a State (or, if appropriate, the chief executive officer of a political subdivision of the State), exercising authority with respect to the incarceration or detention of an undocumented criminal alien, submits a written request to the Attorney General, the Attorney General may— enter into a contractual arrangement providing for compensation to the State or a political subdivision of the State, as may be appropriate, with respect to the incarceration or detention of the undocumented criminal alien; or take the undocumented criminal alien into the custody of the Federal Government and incarcerate or detain the alien.
In carrying out paragraph (2), the Attorney General shall— give priority to the Federal incarceration of undocumented criminal aliens who have committed aggravated felonies; and ensure that undocumented criminal aliens incarcerated or detained in Federal facilities pursuant to this subsection are held in facilities that provide a level of security appropriate to the crimes for which they were charged or convicted. Compensation provided for each day an undocumented criminal alien is detained by a State or a political subdivision of a State pursuant to a contract under paragraph (2)(A) shall be equal to the average daily cost of incarceration or detention of a prisoner in the relevant State, as determined by the Attorney General.
The Secretary of Homeland Security shall— promulgate regulations establishing detainer compliance criteria; and periodically submit a certification to the Attorney General that identifies which States and political subdivisions of a State have not complied with detainer requests received from the Department of Homeland Security. Funds may only be provided to States and political subdivisions of States under this subsection that— are not identified in a certification described in clause (i)(II); and are cooperating with the Secretary with respect to each detainer lodged against an individual in the custody of the State or political subdivision of the State in accordance with section 287(d) and the regulations promulgated pursuant to clause (i)(I).
Any State or political subdivision of a State that fails to substantially comply with detainers issued by the Department of Homeland Security shall be ineligible for any funding under this subsection during the fiscal year in which such failure occurs. There are authorized to be appropriated to carry out this subsection— $750,000,000 for fiscal year 2020; $850,000,000 for fiscal year 2021; and $950,000,000 for each of the fiscal years 2022 through 2026. Amounts appropriated pursuant to subparagraph
(A)that are distributed to a State or a political subdivision of a State may only be used for correctional purposes. .
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Sec. 6
Compensating States for detaining criminal aliens
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